A negociação processual sob a ótica de atuação do ministério público

Abstract

The procedural juridical business along the lines established by the Code of Civil Procedure is relatively recent in the Brazilian legal system and, therefore, it is important to study the evolution of the self-regulation of the will, which allowed its incorporation into the procedural juridical relations through the principle of cooperation and due process. legal process. These changes implemented by the legislation enshrined the possibility that the parties could compromise and relax procedures, provided that they are within the limits set in the normative system itself. Thus, for the present discussion, the main objective is to elucidate the compatibility between the procedural negotiation and the performance of the Public Prosecution Service in the civil procedural area. Therefore, it is essential to understand the current classification intended by the legal system, as well as answer the questions about the acceptance process of the institute. From this point, it is worth mentioning the role of the Ministerial Body in the Brazilian procedural logic, as an autonomous and independent institution, essential to the jurisdictional function and guarantor of fundamental rights, but whose performance is limited by these same rights, whether performing the role of agent, or as intervener. After this explanation, the procedural legal relations in which the Public Prosecution is litigated are analyzed, especially regarding the limits to the ministerial procedural negotiation to the detriment of the unavailability of the rights defended by it, aspects on which the legislation and the homeland doctrine deal. Finally, we understand the scope of the recent rules and their dialogue and power of influence regarding the performance of parquet in the civil process.